Regulation of Advertising in

the UK
Libby Raby
 What is the ASA’s mission?

The Advertising Standards Authority (ASA) is the UK’s independent regulator of advertising, across all
media. We apply the Advertising Codes, which are written by the Committees of Advertising Practice
(CAP). Their mission is to make every UK ad a responsible ad.

What does the ASA take action to do?

The ASA respond to concerns and complaints from consumers and businesses and take action to ban
ads which are misleading, harmful, offensive or irresponsible. As well as responding to complaints
they monitor ads to check they’re following the rules. They also conduct research to test public
opinion and identify where we need to take action to protect consumers.
 How does regulating advertisements work?

Adds in the UK are regulated through a system of ‘self-regulation’ and ‘co-regulation’. In summary,
self-regulation means that the work they do is funded by the advertising industry.

Self-regulation means that the ad industry also writes the rules (through CAP) that advertisers have to
stick to. Non-broadcast advertising, including newspapers, posters, websites, social media, cinema,
emails, leaflets, billboard, is covered by self-regulation.

Co-regulation is an arrangement the ASA have with the communications regulator, Ofcom. It has
given us responsibility (a contract) on a day-to-day basis to regulate TV and radio advertising. In 2014,
Ofcom announced the renewal of its co-regulatory relationship with the ASA for another ten years.
 What Sanctions can the ASA impose?

The Advertising Codes and the ASA’s rulings have universal coverage across the advertising industry.
Advertisers cannot opt out of them.

If they have judged an ad has broken the advertising rules, then it must be withdrawn or amended.
The vast majority of advertisers stick to the ASA’s rulings and they act quickly to amend or withdraw
an ad that breaks the Codes.

We have a range of sanctions to act against the small number of advertisers who are either unwilling
or unable to work within the rules and to ensure they are brought into line. In 2013 Trading Standards
took over from the Office of Fair Trading as the ASA’s ‘legal backstop’ on the non-broadcast side. On
the broadcast side, Ofcom acts as our ‘legal backstop’.
 What are the overarching principles of UK code of Broadcast
advertising?

The overarching principles of this Code are that advertisements should not mislead
or cause serious or widespread offence or harm, especially to children or the
vulnerable.
What are advertisers responsible for?
Broadcasters are responsible for ensuring that the advertisements they transmit
comply with both the spirit and the letter of the Code. All compliance matters (copy
clearance, content, scheduling and the like) are the ultimate responsibility of each
broadcaster.
The ASA may decline to investigate where there is a dispute which, in its view, would
be better resolved by another regulator or through the Courts.
 What are the four basic rules of the code?

1. ‘Advertisements must reflect the spirit, not merely the letter, of the Code.’

2. ‘Advertisements must be prepared with a sense of responsibility to the audience

and to society.’

3. ‘Advertisements must comply with the law and broadcasters must make that a
condition of acceptance.’

4. ‘Advertisements must not state or imply that a product can legally be sold if it
cannot.’
 Rules: Misleading Advertising

• ‘Advertisements must not materially mislead or be likely to do so.’ – This means you cannot lie or
make false claims about your product in the advert.
• ‘Obvious exaggerations ("puffery") and claims that the average consumer who sees the
advertisement is unlikely to take literally are allowed provided they do not materially mislead.’ –
This means that you are allowed to make obvious exaggerations but not any false claims about the
product.
• ‘Advertisements must not mislead by exaggerating the capability or performance of a product or
service.’ This means that you cannot exaggerate the products usage or the products USP.
 Harm and Offence
Advertisements must not be harmful or offensive. Advertisements
must take account of generally accepted standards to minimise the risk
of causing harm or serious or widespread offence. The context in which
an advertisement is likely to be broadcast must be taken into account
to avoid unsuitable scheduling. For example, Advertisements must
contain nothing that could cause physical, mental, moral or social harm
to persons under the age of 18.

In my advert I will not show anyone drinking alcohol or smoking as this

could encourage people under 18 to do this.
 Children
In the advert children must not show explicit or encouraging content as
the audience watching could be children. It should not encourage
children to perform irresponsible behaviour that could put them in
danger of harm or risk.

In my advert I will not show anyone drinking, smoking, performing

dangerous acts etc. As this may encourage children and put them at
harm.
 Privacy
• Living individuals should be protected from unwarranted infringements of
privacy. Broadcasters should respect an individual's right to his or her private and
family life, home and correspondence. Advertisements featuring an individual
should not imply that that individual endorses a product if he or she does not.
• In my advert the people featured must give permission before I include them.
Unless it is a crowd shot, even then people should not be clearly
visible/recognisable.